In Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 the Court of Appeal considered whether an employee who had made protected disclosures had been unfairly dismissed by a manager who was unaware that the employee had made such...more
In NHS 24 v Pillar UKEATS/0005/16, the Employment Appeal Tribunal (EAT) considered the appropriate scope of an employer’s investigation into alleged misconduct in disciplinary proceedings.
Ms Pillar was employed by NHS 24...more
In Agoreyo v London Borough of Lambeth [2017] EWHC 2019 (QB), the High Court considered whether the suspension of an employee amounted to a fundamental breach of contract on the part of her employer.
A primary school...more
In Barbulescu v Romania (Application no. 61496/08) [2017] ECHR 742, the Grand Chamber of the European Court of Human Rights (ECtHR) clarified the right of employers to monitor employees’ private communications in the...more
The Vento bands for “injury to feelings” awards in discrimination claims have been increased. The new figures, applicable to claims issued on or after 11 September 2017, are as follows: -
Lower band, for the least serious...more
The Grand Chamber of the European Court of Human Rights (ECtHR) has clarified the law surrounding the monitoring of employees’ private communications in the workplace. The decision overturns the earlier ruling of the lower...more
In JP Morgan Securities v Ktorza [2017] UKEAT 0311-16-1105 the Employment Appeal Tribunal (EAT) considered whether there was a requirement for an employer to establish that an employee’s conduct was culpable when determining...more
In Tillman v Egon Zehnder Ltd [2017] EWCA Civ 1054 the Court of Appeal examined the enforceability of a non-compete covenant.
Ms Tillman was the global co-head of financial services at Egon Zehnder Ltd (EZ), a professional...more
In Chesterton Global Ltd & Anor v Nurmohamed & Anor (Rev 1) [2017] EWCA Civ 979 the Court of Appeal provided some much needed clarity on the definition of “public interest” in whistleblower claims.
Mr Nurmohamed was a...more
In the case of Government Legal Services v Brookes [2017] UKEAT/0302/16/RN, the Employment Appeal Tribunal (EAT) considered whether a job applicant with Asperger’s Syndrome was discriminated against due to the requirement to...more
In Green v London Borough of Barking & Dagenham UKEAT/0157/16/DM, the Employment Appeal Tribunal (EAT) considered how fairness in a redundancy process should be assessed.
Ms Green was employed by a local authority (LA)...more
In Ssekisonge v Barts Health NHS Trust [2017] UKEAT 0133_16_0203, the Employment Appeal Tribunal (EAT) considered the applicable threshold for determining reasonableness where a dismissal is for some other substantial reason...more
In Newcastle Upon Tyne NHS Foundation Trust v Haywood [2017] EWCA Civ 153, the Court of Appeal (CA) looked at when a notice of termination sent by post takes effect.
Ms Haywood’s employment became at risk of redundancy...more
The Employment Appeal Tribunal (EAT) in Herry v Dudley Metropolitan Council UKEAT/0100/16/LA considered whether an employee’s long-term stress made him disabled for the purposes of U.K. disability discrimination law.
Mr...more
The Court of Appeal (CA) in Adesokan v Sainsbury's Supermarkets Ltd [2017] EWCA Civ 22 considered whether an employee’s failure to act constituted gross misconduct.
Mr Adesokan, a long-serving regional manager at a...more
In Stratford v Auto Trail VR Ltd UKEAT/0116/16, the Employment Appeal Tribunal (EAT) considered whether an employer could take into account expired warnings when deciding whether to dismiss an employee.
Mr Stratford held...more
In Bandara v British Broadcasting Corporation UKEAT/2016/0335/15/JOJ, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal where the employer had relied on a previous final written warning which was...more
In Jeffery v The British Council UKEAT/0036/16, the Employment Appeal Tribunal (EAT) considered whether an expatriate employee could bring claims under U.K. employment legislation.
Mr Jeffery was employed by a public...more
In G4S Cash Solutions (UK) Ltd v Powell UKEAT/0243/15, the Employment Appeal Tribunal (EAT) considered whether reducing an employee’s pay amounted to disability discrimination.
Mr Powell could longer perform his role as...more
In Phoenix House Ltd v Stockman UKEAT/0264/15, the Employment Appeal Tribunal (EAT) considered whether the ACAS Code of Practice on Disciplinary and Grievance Procedures (Code) applies to dismissals for “some other...more
In Secretary of State for Justice v Windle and Arada [2016] EWCA Civ 459, the Court of Appeal considered whether the absence of mutuality of obligation between assignments was relevant in determining an individual’s...more
In McBride v Scottish Police Authority [2016] UKSC 27, the Supreme Court considered whether an Employment Tribunal had been wrong to order the reinstatement of an employee on restricted duties.
The Employment Tribunal...more
In Metroline West Ltd v Ajaj UKEAT/0185/15/RN, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal of an employee who had exaggerated his sickness.
Mr Ajaj was employed as a bus driver for...more
In Bartholomews Agri Food Ltd v Thornton [2016] EWHC 648 (QB), the High Court considered whether a non-compete post-termination restriction was an unlawful restraint of trade.
Bartholomews Agri Food Ltd (Bartholomews)...more
The annual increases in compensation will take effect on 6 April 2016. The most notable changes are as follows:
- The limit on a week’s pay for the purposes of calculating statutory redundancy payments and the basic...more